Machariah & another v Noble Star Academy & another (Environment and Land Miscellaneous Case E061 of 2025) [2025] KEELC 5964 (KLR)
The bottom line
#Even with a valid court judgment, Kenyan landowners cannot evict occupants without strictly following the notice rules in Section 152E of the Land Act.
What this practically means
#Executive summary
#Key legal issues
#Whether eviction orders should issue where the eviction notice did not comply with Section 152E of the Land Act
The application was dismissed because the applicants' notice of eviction dated 25th February 2025 did not meet the statutory requirements of Section 152E of the Land Act, notwithstanding that the applicants held a valid final judgment.
Section 152E requires a notice of not less than three months, in writing in a national and official language, published in the case of large groups, specifying terms for removal of buildings and crops, and served on the deputy county commissioner and the OCS of the police division. The court found the applicants' procedure fell short of these requirements and held that a valid judgment does not excuse non-compliance with the statutory eviction procedure.
Whether the 1st respondent's replying affidavit was properly before the court
The replying affidavit sworn on 25th April 2025 was struck out as it was not attested by a commissioner for oaths, rendering the application unopposed.
The affidavit bore a stamp of the same firm that drew it and lacked attestation by an advocate who is a commissioner for oaths. It therefore failed the test for admission as a pleading document. The court, however, proceeded to determine the application on its merits rather than allowing it automatically by default.
Legal principles established
#- An eviction from private land requires strict compliance with the notice requirements of Section 152E of the Land Act before a court will issue eviction orders
- An affidavit must be attested by an advocate who is a commissioner for oaths to be admitted as part of the pleadings
- A court must still satisfy itself on the merit of an application even where it is unopposed
Court orders
#- 1.The 1st respondent's replying affidavit sworn on 25th April 2025 is struck out for failure to comply with attestation requirements
- 2.The notice of motion dated 20th March 2025 is dismissed
- 3.No orders as to costs
- Jurisdiction invoked
- Sections 3 and 3A of the Civil Procedure Act and Sections 9(1) and (2) of the Auctioneer Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Machariah & another v Noble Star Academy & another (Environment and Land Miscellaneous Case E061 of 2025) [2025] KEELC 5964 (KLR)", Case Analysis (2025). Not stated in the judgment (arising from ELC Case No. 648 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5964/eng@2025-08-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.